P. v. Harmon
On October 28, 2011, defendant Henry Leroy Harmon, Sr., was found in possession of 17 .40-caliber rounds. He had a 2004 conviction for possession of a destructive device (former Pen. Code, § 12303.3)[1] and a 1981 conviction for assault with a deadly weapon (§ 245, former subd. (b)).
Defendant was charged with possession of ammunition by a convicted felon (former § 12316, subd. (b)(1)) along with allegations that he suffered a prior prison term (§ 667.5), that his prior conviction for possession of a destructive device was a serious or violent felony conviction within the meaning of the “three strikes†law (§ 1170.12), and that his prior assault with a deadly weapon conviction was a serious or violent felony subjecting him to a state prison term (§ 1170, subds. (f), (h)(3)). Defendant entered into a negotiated plea in which he pleaded no contest to possession of ammunition and admitted the prior prison term and state prison allegations, with a stipulated sentence of four years in state prison and dismissal of the strike allegation. In accordance with the plea, the trial court sentenced defendant to a four-year state prison term, imposed various fines and fees, and awarded 37 days of presentence credit (19 actual and 18 custody).
Defendant appeals. He did not obtain a certificate of probable cause.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.
Defendant filed a supplemental brief asserting that he was coerced into the plea by trial counsel, the ammunition in his possession was obtained pursuant to an illegal search, and his 1981 assault conviction might not be a strike.
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